Abraham K.J vs Union of India

Type Court Judgment Court Kerala Decided May 31, 2023

~4 min read

https://sooperkanoon.com/case/1362221

For advocates & juniors · 7-day free trial

Brief this judgment before chambers

Stop skimming 50 pages - get an 18-section AI Brief on this case, ask scoped follow-ups, and find related precedents with Semantic Search. Full trial, no card required.

18-section brief - facts, issues, ratio, relief
Ask this case - answers cite the judgment
Semantic search - find precedents by meaning
Research drawer - sections, cites, related cases

Citation: sooperkanoon.com/1362221
Court: Kerala High Court
Judge: Honourable Mr. Justice P.V.Kunhikrishnan
Decided On: May 31, 2023
Case Number: WP(C)/16769/2023

Parties & Advocates

Appellant / Petitioner

Abraham K.J

Respondent

Union of India

Excerpt

.....act says that the police has to give certificate of non involvement in any offence. if that be the case, the petitioner's son can submit an application before the station house officer for getting the certificate of non involvement in any offences in accordance to section 59 of the police act. if such an application is filed, there can be a direction to the station house officer to consider the same forthwith and issue necessary certificate to the petitioner's son in accordance with law. therefore, this writ petition is disposed of in the following manner: i. the petitioner's son is free to submit an application before the 5th respondent in accordance with section 59 of the police act for getting a certificate for non involvement in any offences, forthwith. ii. once such an application in tune with section 59 of the police act is received, the 5 th respondent will issue necessary certificate in accordance with law, as expeditiously as possible, at any rate, within a period of three days from the date of receipt of the application. sd/- p.v.kunhikrishnan dm judge appendix of wp(c) 16769/2023 petitioner exhibits exhibit p1 a true copy of the aadhar card of the petitioner's son exhibit p2 a true copy of the authorization letter dated 23.05.2023 issued by petitioner's son by name thomas abraham exhibit p3 a true copy of the certificate dated 20.04.2023 showing that the petitioner's son had completed private guard security course exhibit p4 a true copy of the relevant extract of the communication issued to the petitioner's son by his prospective employer exhibit p5 a true copy of the certificate of conduct dated 19.05.2023 exhibit p6 a true copy of the police clearance certificate dated 15.05.2023 exhibit p7 a true copy of the judgment dated 27.08.2021 in wp(c) 5930/2018 exhibit p8 a true copy of the circular bearing no. 15/2022 /phq of state police chief respondents exhibits : nil //true copy// pa to judge

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN WEDNESDAY, THE 31ST DAY OF MAY 2023 / 10TH JYAISHTA, 1945 PETITIONER: ABRAHAM K.J AGED 63 YEARS S/O. JOSEPH, KANNAMPARAMBIL HOUSE, NEAR M.K.M HIGH SCHOOL PIRAVOM, PIRAVOM P.O., ERNAKULAM DISTRICT, PIN - 686664 BY ADV GEORGE SEBASTIAN RESPONDENTS:
1 UNION OF INDIA REP. BY ITS SECRETARY, MINISTRY OF EXTERNAL AFFAIRS, PATIALA HOUSE, TILAK MARG, NEW DELHI, PIN - 110001 2 THE INDIAN HIGH COMMISSION, MALTA 29, TRIQ-GALANTON VASSALLO, SANTA VANERA, SVR1901, MALTA. REP. BY THE HIGH COMMISSIONER. 3 THE REGIONAL PASSPORT OFFICER, REGIONAL PASSPORT OFFICE, PANAMPILLY NAGAR P.O., KOCHI, PIN - 682036 4 THE ERNAKULAM DISTRICT POLICE CHIEF (RURAL), OFFICE OF DISTRICT POLICE CHIEF, OPPOSITE POWER HOUSE, ALUVA, ERNAKULAM, PIN - 683101 5 THE STATION HOUSE OFFICER, PIRAVOM POLICE STATION, PIRAVOM, PIN-686664.
BY ADVS.SRI.S.MANU, DSGI SMT.VIDYA KURIAKOSE, GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.05.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
P.V.KUNHIKRISHNAN, J.
------------------------------ W.P.(C)No. 16769 of 2023 ---------------------------------------------- Dated this the 31st day of May, 2023

JUDGMENT

The above writ petition is filed with the following prayers: “(i) To issue a writ of mandamus, order or direction to respondents 4 and 5 to issue a conduct certificate in Physical form in respect of the petitioner's son Thomas Abraham at the earliest.

(ii) To dispense with the production of English translation of Vernacular documents.

(iii) To grant such other reliefs as this Honourable Court may deem fit and proper.”[SIC]

2. The main prayer in this writ petition is to

issue a direction to respondents 4 and 5 to issue a conduct certificate in Physical form in respect of the petitioner's son Thomas Abraham for producing before the Employer at Malta in connection with the employment. This Court directed the learned Government Pleader to get instructions. The Government Pleader takes me through Ext.P7

judgment in which the Central Government filed a

statement. The Government Pleader submitted that the State Government authority including the State Police Department is not authorized to issue good conduct certificate for overseas employment to any country. But Section 59 of the Kerala Police Act says that the Police has to give certificate of non involvement in any offence. If that be the case, the petitioner's son can submit an application before the Station House Officer for getting the certificate of non involvement in any offences in accordance to Section 59 of the Police Act. If such an application is filed, there can be a direction to the Station House Officer to consider the same forthwith and issue necessary certificate to the petitioner's son in accordance with law. Therefore, this writ petition is disposed of in the following manner: i. The petitioner's son is free to submit an application before the 5th respondent in accordance with Section 59 of the Police Act for getting a certificate for non involvement in any offences, forthwith. ii. Once such an application in tune with Section 59 of the Police Act is received, the 5 th respondent will issue necessary certificate in accordance with law, as expeditiously as possible, at any rate, within a period of three days from the date of receipt of the application. Sd/- P.V.KUNHIKRISHNAN DM JUDGE APPENDIX OF WP(C) 16769/2023 PETITIONER EXHIBITS EXHIBIT P1 A TRUE COPY OF THE AADHAR CARD OF THE PETITIONER'S SON EXHIBIT P2 A TRUE COPY OF THE AUTHORIZATION LETTER DATED 23.05.2023 ISSUED BY PETITIONER'S SON BY NAME THOMAS ABRAHAM EXHIBIT P3 A TRUE COPY OF THE CERTIFICATE DATED 20.04.2023 SHOWING THAT THE PETITIONER'S SON HAD COMPLETED PRIVATE GUARD SECURITY COURSE EXHIBIT P4 A TRUE COPY OF THE RELEVANT EXTRACT OF THE COMMUNICATION ISSUED TO THE PETITIONER'S SON BY HIS PROSPECTIVE EMPLOYER EXHIBIT P5 A TRUE COPY OF THE CERTIFICATE OF CONDUCT DATED 19.05.2023 EXHIBIT P6 A TRUE COPY OF THE POLICE CLEARANCE CERTIFICATE DATED 15.05.2023 EXHIBIT P7 A TRUE COPY OF THE JUDGMENT DATED 27.08.2021 IN WP(C) 5930/2018 EXHIBIT P8 A TRUE COPY OF THE CIRCULAR BEARING NO. 15/2022 /PHQ OF STATE POLICE CHIEF RESPONDENTS EXHIBITS : NIL //TRUE COPY// PA TO JUDGE

Same Court & Year Kerala · 2023 Same Parties Abraham K.J vs Union of India Same Judge Honourable Mr. Justice P.V.Kunhikrishnan